Revocation
and replace.
6
should be varied upon any grounds not set forth in a notice of cross-appeal given under this rule or to apply for any order or relief not specified in such notice; but the Full Court may in its discretion hear any such contention or application and may, if it thinks fit, impose terms as to costs, adjournment or otherwise.".
8. Rule 23 of Order XXIX of the principal rules is revoked and
tment of rate replaced by the following—
23 of Order XXIX.
"Preparation
of copies of
proceedings in court below in
cases whera
appellant
nol repre- sented and in appeal by poor persons.
23. (1) Where an appellant is not legally represented the copies of the proceedings in the court below shall be prepared by the Registrar.
(2) Before authorizing the preparation of the copies of the proceedings in the court below, the Registrar shall estimate the cost thereof and, subject to any power he may have to reduce, remit or defer payment of any fee, shall require the appellant to deposit such estimated amount forthwith.
(3) Copies of the proceedings in the court below shall not be prepared unless the appellant has deposited with the Registrar such an amount of money as may be required by the Registrar under paragraph (2).
(4) In the event of the appeal succeeding and the respondent being ordered to pay the costs thereof (either in whole or in part) the amount paid or payable by the appellant for the preparation of the copies of the proceed- ings in the court below shall be recoverable from the respondent unless otherwise directed by the Full Court.
(5) In appeals brought in accordance with the pro- visions of Order XXI no charge shall be made for the preparation of the copies of the proceedings in the court below but an estimate of the cost thereof shall be made and in the event of the appeal succeeding and the respond- ent being ordered to pay the costs thereof (either in whole or in part) the solicitors for the appellant may include as a disbursement in their bill of costs for taxation (unless other- wise directed by the Full Court) the amount which the appellant would have been required to pay had be not been represented under Order XXI and on recovery of such amount as may be allowed on taxation, to pay such amount to the Registrar.”.
9.
7
The Schedule to the principal rules is amended by the addition, Amendment at the end thereof, of the following new forms-
Between
"FORM 62.
[O. XXIX, r. 13.]
Notice of motion of appeal.
Civil Appeal No.
of 19
IN THE SUPREME Court of HOND KONG, APPELLATE HURISDICTION,
and
Plaintiff
Defendant.
TAKE NOTICE that the Full Court will be moved so soon 24 counsel can
Auto
The Honourable Mr. Fusce." Dirk Judgm
whereby lu VNES*
be heard on behalf of the above-named
the whole * on appeal from
of the decision berein of much part given herein on the
day of adjudged, or ordered or directed* that (Here set out the details of the decision or that part thereof appealed against).
Dated this
To the above-named
to
day of
19
19
BUL
Solicitors for the above-named plaintiff (defendant*.
plaintiff/defendant* and
solicitors for plaintiff/defendanE”.
* Here Meike out whichever la toapplicable,
Between
[O. XXIX, 1. 15.)
Civil Appeal No.
of 19
FORM 63.
Memorandum of appeal.
IN THE SUPREME COURT OF HONG KONG, APPELLATE JURISDICTION.
and
Whole*
The above-named
the Full Court from the
of the decision herein of
given on the
day of
on the following grounds-
Plaintiff
Defendant.
plakati
appeals to
defendant
The Hoonstable bdr. Scubic ¢* District Judge
19
(Here set out the grounds of appeal in numbered paragraphs).
of Schedule.
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